70-1-310 - Submission of fine in lieu of court appearance Arrest or judgment of forfeiture possible.
70-1-310. Submission of fine in lieu of court appearance Arrest or judgment of forfeiture possible.
(a) Whenever a person is issued a citation pursuant to § 40-7-118 for a misdemeanor violation of any provision of this title, title 69, chapter 9, or for any offense for which an arrest is authorized pursuant to this title, prior to the time set for the person to appear in court to answer the charge, the person cited may, in lieu of appearance in court, submit the fine and costs to the clerk of the court. The submission to fine must be with the approval of the court that has jurisdiction of such offense within the county in which the offense charged is alleged to have been committed. The submission to fine shall not otherwise be exclusive of any other method or procedure prescribed by law for disposition of a citation.
(b) If the person cited has not paid the citation upon submission to fine as provided in subsection (a) and the person cited fails to appear in court at the time specified, or such later date as may be fixed by the court, the court may issue a warrant for such person's arrest or may declare a judgment of forfeiture of the offense charged. The judgment of forfeiture shall in no case be more than the total amount of fine and costs prescribed by law for the offense and may be collected in the manner provided in § 40-24-105.
(c) The provisions of this section shall not be applicable to any person arrested for a violation of any provision of this title, title 69, chapter 9, or any offense for which an arrest is authorized pursuant to this title, which is punishable by a fine of more than fifty dollars ($50.00) or by imprisonment for more than thirty (30) days. The provisions of this section shall not supersede the provisions of § 40-7-118, nor shall they require the use of a citation in lieu of continued custody of an arrested person in any of the circumstances specified in § 40-7-118(c).
[Acts 2001, ch. 249, § 4.]